Parties settle CanalSide dispute

Thursday

Jul 29, 2010 at 2:00 AM

BOURNE — The developer of a controversial mixed-use project 12 years in the making is handing over the wheel, but the landowners who have regained control of the proposed CanalSide Commons site say it's still full steam ahead.

HEATHER WYSOCKI

BOURNE — The developer of a controversial mixed-use project 12 years in the making is handing over the wheel, but the landowners who have regained control of the proposed CanalSide Commons site say it's still full steam ahead.

Development rights to the property where the ill-fated project was planned were transferred earlier this month from Len Cubellis back to the DeCicco family, owners of the 152-acre parcel, as part of a settlement stemming from a lawsuit filed by Cubellis.

Cubellis will receive $3.8 million in the settlement, according to L. Mark DeCicco, trustee of the land.

It might seem like the protracted effort to build CanalSide Commons is over, but the change in leadership won't change plans for developing the area between MacArthur Boulevard and Sandwich Road, DeCicco said.

"We will definitely do something, whether it's Len's project or something else," he said. "My family has owned the property for too long not to make any money on it."

The family is actively speaking with town officials, engineers and interested buyers about the future of the property, DeCicco said.

DeCicco added that he will meet with Cape Cod Commission officials in August about the next step in developing the land.

Cubellis' attorney, Michael Scott of Nutter McClennen & Fish, said the settlement included a transfer of Cape Cod Commission and other permits to the DeCicco land trust.

In the November 2008 suit, Cubellis alleged that a purchase-and-sales agreement had been broken by the DeCiccos' trying to sell the land to a third party, according to court records.

The settlement was an outcome that both men found necessary but not ideal, said DeCicco's attorney, Douglas Cabral of Collins & Cabral in Hyannis.

"Any time you have a case that revolves around a project for this long that's in development, I don't know if anyone's ever really happy," Cabral said. "But this is probably the best solution for all involved."

Cubellis, a Bourne native who held development rights since 1998, cited the economy for snags in the project over the past few years.

"It's not the right time to build," Cubellis said. "But I expect there will still be an opportunity to see a wonderful project."

DeCicco said he accepted the terms of the agreement to avoid soaring lawyers' fees and a jury trial, originally scheduled to begin earlier this week, according to court documents.

"It comes to a time where a settlement's better than a trial. I signed it, so I guess I agree to it," he said.

Barnstable Superior Court was notified in mid-July of the settlement, said a court official. An official notice of the outcome is due by Oct. 15, though DeCicco said he and Cubellis have agreed to file by early August.

Throughout its drawn-out history, proponents of CanalSide Commons touted the economic boost it could bring to Bourne, while detractors worried about increased traffic to the area and the elimination of open space.

Marie Oliva, president of the Cape Cod Canal Region Chamber of Commerce, said she would like to see a similar project come to fruition at the site.

"It's still a viable piece of property," she said. "I still think economic development is important not only to Bourne but to the region."

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